Workplace Investigations Blog

Workplace Investigations Blog

A Guide To Investigating EEO Complaints & Other Wordplace Problems

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Internal Investigator Training in San Diego for Discrimination, Harassment, and Retaliation Claims

Posted in News and Announcements, Sexual Harassment

I am once again offering training to human resources professionals, attorneys, and private investigators on how to conduct legally defensible harassment, discrimination, and retaliation investigations in the workplace.  Although the training will be geared towards these professions, attendees of any background are welcome to attend.  Basic knowledge of sexual harassment and discrimination law is helpful,… Continue Reading

How to Conduct a Sexual Harassment Investigation

Posted in Investigation Tips, Sexual Harassment

Dear Readers, I recently wrote an article, along with employment attorney Nancy Bornn, providing practice pointers on conducting internal workplace investigations.  It is published today on the SHRM (Society for Human Resource Management) website. If you are not a member of SHRM, you can also read the article for a limited time on the California… Continue Reading

EEOC Hit For $4.56 Million for Failing to “Properly” Investigate Sexual Harassment Claims

Posted in Investigation Tips, Sexual Harassment

Last week, Chief Judge of the Northern District of Iowa, Linda Reade, issued an order requiring the EEOC to pay to Defendant CRST Van Expedited the sum of $4.56 million in attorney’s fees, expenses, and costs.   Defendant CRST is a trucking company that the EEOC had sued in federal court alleging that a large number… Continue Reading

Pornography Investigation at SEC Ongoing

Posted in Sexual Harassment, Sexual Misconduct

According to a news article today at OneNewsNow, SEC employees are under investigation for viewing pornography on their work computers.  Action ranging from counseling to dismissal has already been taken against some employees. Rick Schatz of the National Coalition for the Protection of Children & Families told OneNewsNow that pornography viewing has become a growing problem… Continue Reading

Sexual Harassment Investigation of SB County DA Completed

Posted in Sexual Harassment

San Bernardino County approved a $140,000 contract with Santa Monica-based legal firm Curiale Hirschfeld Kraemer to conduct the sexual harassment investigation of SB District Attorney Michael Ramos.  Nearly six months later, the 200-page report is finished, according to a news article yesterday by Joe Nelson of The Sun. According to the Sun article: County spokesman David… Continue Reading

What’s the Difference Between a Sexual Harassment Investigation and a Sexual Discrimination Investigation?

Posted in Sex Discrimination, Sexual Harassment

In sexual harassment investigations, the words "harassment" and "discrimination" are oftentimes used interchangeably by the complainant and witnesses.  Even formal complaints drafted by the lawyers allege the same exact incidents to form the basis of the "Sexual Harassment Cause of Action" and the "Sex Discrimination Cause of Action."   We know that sexual harassment is… Continue Reading

How Can a Sexual Harassment Investigator Tell if the Alleged Conduct was Unwelcome?

Posted in Sexual Harassment

The Civil Rights Office of the United States Department of Transportation ("DOT") has a written policy that helps its employees understand how one can tell if conduct is "unwelcome."  I like the DOT’s policy because it gives employees some practical advice on how to convey that inappropriate sexual comments or conduct is unwanted.   The… Continue Reading

Choose Wisely When Using an Employee to Conduct Your Workplace Investigation.

Posted in Investigation Tips, Sexual Harassment

"Neutrality" is the name of the game.  In the recent California case of Nazir v. United Airlines, Inc., the court gave strong cautionary advice about choosing the right workplace investigator.   The Nazir court raised the point that this particular employer (United Airlines) had extensive rules and policies about the investigation of employee complaints.  One… Continue Reading